Pensions - Federal and Provincial Pension Plans - Federal pension plans
Applicant’s request for disability pension under Canada Pension Plan, claimed on basis of severe spinal pain and overwhelming anxiety and depression, was denied. Applicant’s appeal to General Division of Social Security Tribunal was dismissed on basis that evidence did not establish that applicant’s disability was severe and that he cold not perform some type of job. Applicant was refused leave to appeal by Appeal Division of Social Security Tribunal, on basis that he had failed to explain how General Division had erred. Applicant applied for judicial review but Crown’s motion for summary dismissal of application was granted. Applicant appealed. Appeal dismissed. Motion judge’s analysis was brief but not in error. Summary dismissal was justified on basis that application was so clearly improper as to be bereft of any chance of success. Applicant’s failure to comply with Federal Courts Rules gave application judge discretion to dismiss application. More importantly, applicant had failed to indicate any basis on which he might reasonably expect to succeed in appeal from General Division’s decision. Without such basis, Appeal Division’s decision refusing leave to appeal appeared reasonable and application for judicial review appeared to be bound to fail.
Tolksdorf v. Canada (Attorney General) (2019), 2019 CarswellNat 2075, 2019 FCA 158, D.G. Near J.A., Donald J. Rennie J.A., and George R. Locke J.A. (F.C.A.).
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